Title 36, Chapter 41, Section 8
( 36-41-8)
(a) Each authority shall have the power and is authorized, at one
time or from time to time, to issue its revenue bonds in such
principal amounts as, in the opinion of the authority, shall be
necessary to provide sufficient funds for achieving the corporate
purposes thereof, including the making and purchasing of loans for
the acquisition, financing, construction, and rehabilitation of
residential housing as provided in this chapter; the payment of
interest on bonds of the authority; the establishment of reserves to
secure such bonds; and all other expenditures of the authority
incident to and necessary or convenient to carry out its corporate
purposes and powers. (b) The authority may retain the services of a qualified,
independent financial advisor. The financial advisor shall not in
any manner be involved in the underwriting of the revenue bonds or
in the origination, sale, or servicing of mortgage loans for
residential housing and shall serve only to advise the authority. (c) The bonds of each issue shall be dated; shall bear interest at
such rate or rates as shall be set by the authority (which may
include the use of any formula or market-pricing mechanism
determined by the authority to be reasonable), without limitation by
any existing law of the state, payable at such times as the
authority may determine; shall mature at such time or times as the
authority may determine; shall be payable in such medium of payment
as to both principal and interest as may be determined by the
authority; and, at the option of the authority, may be made
redeemable before maturity or exchangeable for other bonds of the
same series at such price or prices and under such terms and
conditions as may be fixed by the authority in the resolution or
financing documents providing for the issuance of such bonds or both
redeemable and exchangeable. The bonds may be issued as serial bonds
or as term bonds with or without mandatory sinking fund provisions
or as a combination thereof. (d) The authority shall determine the form of the bonds, including
any interest or principal coupons to be attached thereto, and shall
fix the denomination or denominations of the bonds and the place or
places of payment of principal and interest thereof, which may be at
any bank or trust company inside or outside the state. (e) All such bonds shall be executed in the name of the authority by
the chairman or vice-chairman and secretary-treasurer of the
authority and shall be sealed with the official seal of the
authority or a facsimile thereof. Coupons shall be executed in the
name of the authority by the chairman or vice-chairman of the
authority. The facsimile signature of both the chairman or
vice-chairman and the secretary-treasurer of the authority may be
imprinted in lieu of the manual signatures if the authority so
directs, and the facsimile of the chairman's or vice-chairman's
signature shall be used on such coupons. Bonds and interest coupons
appurtenant thereto bearing the manual or facsimile signature of a
person in office at the time such signature was signed or imprinted
shall be fully valid notwithstanding the fact that before or after
the delivery thereof such person ceased to hold such office. In
addition to the foregoing, the bonds shall bear the manual or
facsimile signature of the clerk of the superior court of each
county wherein is located a municipality activating an authority.
(f) The bonds may be issued in coupon or in registered form, or
both, as the authority may determine, and provision may be made for
the registration of any coupon bond as to principal alone and also
as to both principal and interest. The authority may sell such bonds
at public or private sale in such manner and for such price as it
may determine to be for the best interest of the authority. (g) Prior to the preparation of definitive bonds, the authority may
issue interim receipts, interim certificates, or temporary bonds
exchangeable for definitive bonds upon the issuance of the latter.
The authority may also provide for the replacement of any bond which
shall become mutilated or be destroyed or lost. Such revenue bonds
may be issued without any other proceedings or the happening of any
other conditions or things than those proceedings, conditions, and
things which are specified or required by this chapter. (h) Each authority is authorized to provide by resolution for the
issue of refunding bonds of the authority for the purpose of
refunding any bonds issued under this chapter and then outstanding,
together with accrued interest thereon. The issuance of such
refunding bonds, the maturities and all other details thereof, the
rights of the holders thereof, and the duties of the authority in
respect to the same shall be governed by this chapter insofar as the
same may be applicable. (i) If the authority so determines, the bonds may be issued pursuant
to a trust indenture between the authority and a trustee, which
trust indenture shall have such terms and provisions as may be
determined by the authority. (j) Except as provided in this Code section, all revenue bonds
issued by the authority under this chapter shall be executed,
confirmed, and validated under, and in accordance with, Article 3 of
Chapter 82 of this title, except that, in lieu of specifying the
maturities or the rate or rates of interest which revenue bonds to
be issued by an authority are to bear, the petition and complaint
filed in the validation proceeding may state that the bonds, when
issued, will mature no later than 40 years from their issuance and
bear interest at a rate not exceeding a maximum per annum rate of
interest specified in such notices or that, in the event that bonds
are to bear different rates of interest for different maturity
dates, none of such rates will exceed the maximum rate specified in
the notices; provided, however, that nothing contained in this
subsection shall be construed as prohibiting or restricting the
right of the authority to sell such bonds at a discount, even if in
so doing the effective interest cost resulting therefrom would
exceed the maximum per annum interest rate specified in such
notices. (k) In the event that no appeal is filed within the time prescribed
by law or, if an appeal is filed, that the judgment is affirmed on
appeal, the judgment of the superior court so confirming and
validating the issuance of the bonds and the security therefor shall
be forever conclusive upon the validity of the bonds and the
security therefor against the authority and all other persons. (l) The bonds are made securities in which all public officers and
bodies of the state and all municipalities; all insurance companies
and associations and other persons carrying on an insurance
business; all banks, bankers, trust companies, savings banks, and
savings associations, including savings and loan associations,
building and loan associations, investment companies, and other
persons carrying on a banking business; all administrators,
guardians, executors, trustees, and other fiduciaries, and all other
persons whatsoever who are now or may hereafter be authorized to
invest in bonds or other obligations of the state may properly and
legally invest funds, including capital in their control or
belonging to them. The bonds are also made securities which may be
deposited with and shall be received by all public officers and
bodies of the state and all municipalities for any purposes of which
the deposit of the bonds or other obligations of the state is now or
may hereafter be authorized. |